READING BOROUGH COUNCIL REPORT BY DIRECTOR OF ENVIRONMENT, CULTURE AND SPORT

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1 READING BOROUGH COUNCIL REPORT BY DIRECTOR OF ENVIRONMENT, CULTURE AND SPORT TO: CABINET DATE: 12 th March 2012 AGENDA ITEM: 15C TITLE: LEAD COUNCILLOR: IMPLEMENTATION OF ARTICLE 4 DIRECTION RELATING TO HOUSES IN MULTIPLE OCCUPATION (C4 USE) TONY PAGE PORTFOLIO: REGENERATION, TRANSPORT AND PLANNING SERVICE: PLANNING WARDS: ALL LEAD OFFICER: KIARAN ROUGHAN TEL: JOB TITLE: PLANNING POLICY MANAGER Kiaran.roughan@reading.gov.uk 1. PURPOSE OF REPORT AND EXECUTIVE SUMMARY 1.1 This report sets out the results of an initial investigation into the impact of concentrations of houses in multiple occupation within Katesgrove, Park and Redlands wards. The report recommends that an Article 4 Direction be served over an area comprising parts of these three wards. This approach follows the introduction of new planning legislation relating to HMOs introduced during This initiative forms part of a comprehensive approach that the Council is taking to the Private Rented Sector. 2. RECOMMENDED ACTION 2.1 That Cabinet approves the serving of a non-immediate Article 4 Direction to remove permitted development rights to convert from a C3 dwellinghouse to a C4 House in Multiple Occupation for the area as shown on the map at Appendix POLICY CONTEXT 3.1 In September 2008, the Department for Communities and Local Government published a report entitled, Evidence Gathering Housing in Multiple Occupation and possible planning responses. The report detailed the outcome of an evidence gathering exercise which was undertaken to review the problems caused by high concentrations of houses in multiple occupation. 3.2 This report summarised the impacts of HMOs (in particular where there are high concentrations of student housing and population) to include: Anti-social behaviour, noise and nuisance; Imbalanced and unsustainable communities; Negative impacts on the physical environment and streetscape; Pressures upon parking provision;

2 Increased crime; Growth in private rented sector at the expenses of owner-occupation; Pressure upon local community facilities; and Restructuring of retail, commercial services and recreational facilities to suit the lifestyle of the predominant population. 3.3 These findings of the impacts of concentrations of HMO s are very similar to the impacts that are highlighted in parts of the Borough, in particular the wards forming the subject of this initial investigation into HMOs. 3.4 Planning legislation relating to Houses in Multiple Occupation (HMOs) subsequently changed on 6 April 2010 and a new planning use class (C4) for small HMOs (see definition below) 1 was introduced. Further changes came into effect on 1 October Currently, changes between a dwellinghouse (C3) and the new use class C4, which relates to a small HMO, can be carried out without the need for planning permission. They are classed as permitted development. However, there are powers for a local planning authority to make an article 4 direction to remove those permitted development rights. 3.5 In order to remove permitted development rights, evidence must suggest that there are exceptional circumstances where the exercise of the permitted development rights would harm local amenity or the proper planning of the area. There needs to be strong justification for the making of an article 4 direction, 3.6 An article 4 direction would mean that planning permission is required to convert a dwelling (C3) to a small HMO (C4). It would not mean that a particular type of development cannot be carried out, but simply that it is no longer automatically permitted. Applications would be assessed in the usual way against national planning policy and policies in the Local Development Framework. An article 4 direction would not necessarily mean that the local planning authority would refuse planning permission for works but it would enable the authority to retain some control over the detail of the proposed development and to grant permission subject to appropriate conditions and to consider whether there was specific harm resulting from the proposed development. 3.7 In procedural terms there are two main types of article 4 direction: Non-immediate directions (the direction only takes effect and permitted development rights are only withdrawn upon confirmation of the direction by the local planning authority following local consultation); and Immediate directions (where permitted development rights are withdrawn with immediate effect, but must be confirmed by the local planning authority following local consultation within six months, or else the direction will lapse). 3.8 Where an application made solely because of an article 4 direction, the local planning authority could be liable for paying significant compensation for abortive work or other loss or damage directly attributable to the withdrawal of permitted development rights. This applies if an immediate direction is introduced. However, this risk is removed if a non-immediate Article 4 Direction is served and a minimum period of 12 months prior notice of the withdrawal of permitted development rights is be given. However that does give notice that might promote conversion activity to take place before the direction comes into effect. 1 A property, which is occupied by 3-6 unrelated individuals, who share one or more basic amenities, is an HMO under the new Use Class C4: Houses in Multiple Occupation. If there are more than 6, it is likely to be classed as a large HMO (sui generis) which will be outside Use Class C4.

3 Local Background 3.9 The issues surrounding Houses in Multiple Occupation (HMOs) are complex and often conflicting. On the one hand, HMOs contribute to the provision of reasonably affordable rented accommodation, meeting an important need in the market. They can also contribute to the need for small, flexibly let accommodation reflecting household formation trends in the population and the more transient nature of some households, e.g. student households and parts of the labour market On the other hand, where there are concentrations of HMOs, they are often perceived as being the cause of environmental and social problems, impacting on the character and appearance of an area or street, bringing increased pressure for parking and other issues associated with the more intensive use of properties. In addition, there are concerns about the mix of communities along with various social and anti-social behavioural problems In Reading, 6.9% of dwellings are estimated to be Houses in Multiple Occupation (HMOs) as defined under the Housing Act (2004) distributed unevenly across the borough. In wards with higher concentrations of HMOs the complex and often conflicting issues surrounding these properties can at times be keenly felt by residents On 17 January 2011, a petition consisting of over 220 signatures was reported to Cabinet. The petition stated that, We, the undersigned, call upon Reading Borough Council to use its powers to require all new house conversions to HMOs [houses in multiple occupation] to apply for planning permission The then Lead Councillor for Community Care, Housing and Health confirmed that the Council will be considering going forward with a draft planning policy framework to guide planning decisions on such conversions should an Article 4 Direction be made in the future. The Council will also be undertaking work during 2011 to consider whether there are any parts of the Borough where an Article 4 Direction of this kind would be appropriate. 4. THE PROPOSAL Evidence Base 4.1 Evidence on HMO s has been gathered from a number of sources (census, council tax records, information from Reading University). Along with Environmental Health records and information, this evidence points to HMO hotspots in Redlands and Park wards with subsidiary concentrations in Katesgrove and parts of Abbey and Battle Wards. 4.2 Based on this information, an area around the University to incorporate areas of Redlands, Park and Katesgrove Wards was identified as the priority for further research. Given the proximity of this area to the university, the complex and conflicting issues surrounding HMOs, as highlighted in paragraphs 3.9 and 3.10 above, are particularly prevalent. Other areas of the Borough may warrant investigation and consideration for an article 4 direction to control new HMOs in the future. The knowledge and experience gained from making the Article 4 direction as recommended in this report will be used to help inform recommendations about applying such a direction to other areas in the future.

4 4.3 The information collected has been divided into two categories; 1) Desk based evidence collection seeking to identify the location of known existing HMOs and information relating to issues associated with concentrations of HMOs and 2) primary data collection, including visual and photographic surveys. A public consultation exercise was also undertaken as part of the evidence gathering. 4.4 A summary of the information collected under these categories is provided in Appendix 2. This is available on the Council s website. 4.5 Environmental Health information plus other records point to principle concentrations of HMOs around Redlands with other concentrations of varying scales around Park ward, Abbey ward and Katesgrove ward. 4.6 Other information related to concentrations of HMO s has also been examined: Mapped burglary information indicating burglary hotspots. Mapped noise information indicating noise hotspots. Mapped accumulation information indicating locations having experienced an accumulation of waste. Primary data collection 4.7 A visual survey was carried out by officers predominantly within Redlands, Park and Katesgrove Wards during term and vacation periods. The results are summarised in Appendix 2. The visual street survey identified various visual impacts arising from concentrations of HMOs. The main impacts include the proliferation of to-let boards evident in some streets, frontages of properties being less well maintained with litter and untidiness at the front, a proliferation of refuse bins and parking issues. It should be noted however, that parking issues in particular could well be symptomatic of the nature of the narrow terraced streets rather than the fact that there are high concentrations of small HMOs. 4.8 When the area was re-visited during the vacation period, there was a distinctly different feel. The areas were generally quieter with less on street parking. However, there were a noticeable number of skips, particularly in Redlands Ward, and builders in the process of carrying out work. Vacations can bring different problems to term times. Public Consultation Exercise 4.9 Public exhibitions were held during late afternoon and evening during October 2011 at: o o o United Reform Church, Palmer Park Avenue (Park Ward) St Joseph s College Annexe (Redlands Ward) New Christ Church School, Milman Road (Katesgrove Ward) 4.10 Residents had an opportunity speak to Planning Officers and Councillors to learn more about the Article 4 direction process, what it could achieve and also its limitations. Information including Q and A sheets about HMOs was available to take away. Questionnaires were made also available, either to be completed at the exhibition or to be taken away and returned at a later date. The questionnaires were also made available on the Council s website. Appendix 3, which is available on the Council s website, provides a summary of the results of consultation showing both a blank questionnaire and a summary of the responses provided on the returned questionnaires.

5 4.11 Responses from residents pointed to a range of impacts of concentrations of HMO s on the character and appearance of the areas in which they live and on their quality of life. These very much echo the impacts found elsewhere, as detailed in the DCLG research discussed at paragraph 3.1 above. It was very clear that, as a consequence, residents want some controls imposed over the concentrations of HMOs. If controlled through the planning process, residents would have an opportunity to comment on planning applications. There were also strong calls for the University to take more responsibility for the management and housing of its students, for example in affordable, purpose built halls of residence that could be located on the university campus Respondents were keen to have a specific percentage limit for the proportion of dwellings that could be in HMO use in any street. b) Option Proposed 4.13 It is proposed that a non-immediate Article 4 Direction with an effective date 12 months after the date of making the direction is made. Paragraph 3.7 above explains that although there are delays in implementing a non-immediate article 4 direction, it removes the local planning authority of any liability to pay compensation The area that is proposed be covered by the article 4 direction is shown on the map at Appendix 1. Broadly, this includes the southern part of Park ward up to Palmer Park and the Cemetery, the part of Redlands ward bounded by London Road to the north and Whiteknights Campus to the south, continuing west to incorporate an area bounded by Elgar Road and Elgar Road South in Katesgrove ward The area has been proposed following careful consideration of the evidence collected including both the desk based evidence and the primary data collection. The level of public concern was heightened in areas with greater concentrations, which became clearly evident during the public exhibitions and through comments in the questionnaires. The proposed area therefore pulls together the desk based evidence, information from the visual surveys and information gained first hand from the community. Officers are of the view that exceptional circumstances, where evidence suggests that the exercise of permitted development rights would harm local amenity or the proper planning of the area, exist for the proposed area Applications that are required as a result of the removal of permitted development rights are exempt from a planning application fee. There will also undoubtedly be a need for increased enforcement investigations and action as a result of an Article 4 Direction. An Article 4 Direction could possibly, therefore, have significant resource implications for the Planning Section at a time of significant budget pressures It is proposed that Notice of an article 4 direction shall be sent out to all affected properties in the week commencing 7 May There are two important stages when making a non-immediate Article 4 Direction; the date the Article 4 Direction is made and the date it is confirmed. It is recommended that the Direction will be confirmed 12 months after the notice of making the direction is published, in order that the Council avoids the risk of paying compensation to affected property owners (see paragraphs 3.7 and 3.8 above) The formal consultation period begins on the date that the Article 4 Direction is made. Once the formal consultation period has ended, a report will be brought back to Cabinet. Any representations received during consultation must be taken into

6 account by the local planning authority in determining whether to confirm a direction Having taken legal advice there appears to be no power for the local planning authority (lpa) to modify a direction once formal notification of making the Article 4 Direction has been given. In particular there appears no power to alter the area that is covered (either increasing or reducing an area). If the local planning authority wishes to modify a Direction once made, it has to cancel the existing one and make a replacement Direction. Alternatively, it could serve a new order just for the extension to the area if this is what is proposed One of the notification requirements is that notice of the article 4 direction shall be given individually on every owner and occupier of every part of the land within the area or site to which the direction relates (unless for example it is impracticable because it is difficult to identify or locate them). The notification process would need to be repeated once the direction has been confirmed. c) Other Options Considered 4.22 Other options fall into two categories; the area for implementation of any Article 4 Direction and the type of any Article 4 Direction. Do nothing 4.23 Whilst an Article 4 Direction alone will not resolve all issues, both actual and perceived, associated with the presence of concentrations of HMOs, it could be a tool to help address and retain control over some aspects of smaller HMOs that come forward in the future. Doing nothing would mean the continued absence of any planning control and inability for the Planning Department to contribute to the management and distribution of HMOs. This option is therefore not recommended. Borough wide Article This option would ensure that the local planning authority had control over all small HMOs in the borough falling under use class C However, this broad brush approach would be contrary to the spirit that the legislation intended as it would fail to identify locations where exceptional circumstances demonstrate that there are specific issues regarding HMOs. Additionally, some wards have few or no HMOs and it would therefore be difficult to justify how this broad brush approach was reasonable There would also be resource implications in terms of the numbers of additional planning applications given that, as mentioned above, these applications would not attract a fee There would need to be clear evidence demonstrating exceptional circumstances to support a borough wide Article 4 Direction. Collecting and collating this evidence would have significant and onerous resource implications. The costs of making the order and serving notices would be substantial. This option is therefore not recommended. Immediate Article An immediate article 4 direction could make the local planning authority liable for paying significant compensation for abortive work or other loss or damage directly attributable to the withdrawal of permitted development rights, as set out at paragraph 3.7 above.

7 4.29 The regulations allow local authorities to avoid the liability to pay compensation by a mechanism called a non immediate Direction if a minimum of 12 months notice is served on owners and occupiers of property. Obviously, the downside is that investors and owners are given a 12 months space in which to carry out conversions and this may actually increase the number of conversions taking place to avoid future planning control Taking account of the financial risks it is recommended that an effective date is set for 12 months after the notice of making the direction is published and an immediate direction is not made. This will ensure that the Council avoids the risk of paying compensation to affected property owners. 5. CONTRIBUTION TO STRATEGIC AIMS 5.1 The Article 4 Direction will contribute directly to promoting equality, social inclusion and a safe and healthy environment for all. 5.2 It could also contribute to all delivery themes of the Sustainable Community Strategy Final April 2011, namely: People, Places, Prosperity. 6. COMMUNITY ENGAGEMENT AND INFORMATION 6.1 Should the recommended approach be approved by Cabinet, in accordance with Annex A of replacement Appendix D to Circular 9/95, which outlines the Article 4 process, formal community engagement would include the following: Local advertisement Site notices and Individual notice to every owner and occupier of every part of the land within the area or site to which the direction relates. 6.2 Community Engagement has been undertaken with public exhibitions being held at: o United Reform Church, Palmer Park Avenue (Park Ward) (attended by 17 people) o St Joseph s College Annexe (Redlands Ward) approximately (attended by approximately 26 people) o New Christ Church School, Milman Road (Katesgrove Ward) (attended by approximately 6 people) 6.3 The consultation also involved: Communication with the University of Reading and Student Union Almost 90 completed questionnaires inviting views and opinions were returned 6.4 The results have fed into the analysis and are referred to in the report. 7. EQUALITY IMPACT ASSESSMENT 7.1 The Article 4 Direction has been subject of an Equalities Impact Assessment. This demonstrates that the effect of any direction on equal opportunities in Reading would be neutral.

8 8. LEGAL IMPLICATIONS 8.1 Once a non-immediate direction comes into force, a planning application will be required for any change of use from C3 (dwellinghouse) to C4 (small HMO) within the identified area. Permitted development rights will remain to change from C4 use to C3. 9. FINANCIAL IMPLICATIONS Value for Money 9.1 The Article 4 Direction will ensure planning control over changes of use from C3 (dwellinghouse) to C4 (small HMO) that are currently permitted development. This will enable any negative planning implications of concentrations of HMOs to be managed and assessed against relevant planning policy. Residents will also have the opportunity to comment on applications. Risk Assessment 9.2 There will be costs involved in individually notifying every owner and occupier of land within the area to which the direction relates and placing an advertisement in the press. These will be accommodated from existing budgets. 9.3 Additionally, if and when the direction comes into force, a planning application would need to be submitted to convert from a C3 dwellinghouse to a C4 HMO. Planning applications submitted solely because of an Article 4 Direction are not subject to any fee and the whole cost of considering and determining such applications therefore falls to the local planning authority. 9.4 There is a significant risk that this work will bring to light many unauthorised HMOs, which could place a significant additional burden on the authority s enforcement function. Owners of properties falling into this category may decide to apply for a certificate of lawfulness rather than planning permission depending on when the change of use to an HMO took place. 9.5 Any increase in workload will need to be carefully monitored. Additional resources may be required to deal with the increase in workload. Alternatively, the increase in workload will affect the planning Section s ability to deal with other priorities. 10. BACKGROUND PAPERS Reading Borough Local Development Framework Core Strategy 2008 Sites and Detailed Policies Document, Submission Draft July 2011 Residential Conversions Background Paper, July 2011 Planning Policy Statement (PPS3) Housing Evidence Gathering Housing in Multiple Occupation and possible planning responses Final Report, Communities and Local Government, September 2008 Department for Communities and Local Government Circular 08/2010, Changes to Planning Regulations for Dwellinghouses and Houses in Multiple Occupation, November 2010 Communities and Local Government, Department for Communities and Local Government Replacement Appendix D to Department of the Environment Circular 9/95: General Development Consolidation Order 1995 ( ), November 2010

9 Appendix 1. Map of the Area to which the Article 4 Direction will apply.

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12 Cabinet Report IMPLEMENTATION OF ARTICLE 4 DIRECTION RELATING TO HOUSES IN MULTIPLE OCCUPATION (C4 USE) Appendix 2 Information/ evidence gathering for potential Article 4 Direction In Katesgrove, Park and Redlands Wards, Reading. March

13 Appendix 2 Information/ evidence gathering for potential Article 4 Direction 1.1 As set out in section 4 of the Cabinet Report under Evidence base, information collected has been divided into two categories; 1) Desk based evidence collection seeking to identify the location of known existing HMOs and information relating to issues associated with concentrations of HMOs; and 2) primary data collection, including visual and photographic surveys. 1.2 A summary of the evidence that has been considered is provided below. Greater detail of individual pieces of evidence is set out in subsequent sections. The general limitations of individual pieces of evidence are also highlighted. 1.3 Desk based evidence collection Environmental Health information relating to HMOs Council Tax information Mapped burglary information indicating burglary hotspots Mapped noise information indicating noise hotspots Mapped accumulation information indication location having experienced an accumulation of waste 1.4 Primary data collection Visual survey of HMO hotspots by Planning Officers. Questionnaire for residents/ other stakeholders. 1.5 It should be noted that the Council Tax, Environmental Health and Planning definitions of a HMO are all slightly different to each other. Each record does, however, provide a useful contribution to the planning research and information collection. 1.6 Definitions used by each section of the Council are set out below. Planning definition within the main report at paragraph 3.4 and the associated footnote. Council Tax definition A dwelling which either was originally constructed or subsequently adapted for occupation by persons who do not constitute a single household, or is inhabited by a person who, or by two or more persons each whom, either is a tenant of, or has licence to occupy, part only of the dwelling; or has a licence to occupy, but is not liable (whether alone or jointly with other persons) to pay rent or licence fee in respect of the dwelling as a whole. Environmental Health definition: Desk based evidence collection Environmental Health information relating to HMOs 2.1 Map 1 below illustrates HMOs that Environmental Health has recorded and visited. It includes licensable HMOs. As set out in the main report, the map illustrates principal hotspots of HMOs in Redlands and Park wards with subsidiary concentrations in Katesgrove 2

14 and parts of Abbey and Battle wards. Based on this information, an area around the University to incorporate areas of Redlands, Park and Katesgrove Wards was identified as the priority for further research. Map 1: HMOs visited by Environmental Health, including licensable HMOs. 3

15 Council Tax information 2.2 Map 2 below illustrates similar trends to that identified by the Environmental Health information above. There are fewer hotspot concentrations though depicted by this information and a spread of HMOs along the Oxford Road is also identifiable. Map 2: HMO properties within the Borough based on Council Tax information. 4

16 Map 3: Properties occupied by students based on Council tax information. 2.3 Other information relating to concentrations of HMOs has also been examined: Mapped burglary information indicating burglary hotspots; Mapped noise information indicating noise hotspots; Mapped accumulation information indicating locations having experienced an accumulation of waste. 5

17 2.4 This information did not support any clear conclusions. 3.0 Primary data collection Visual survey of HMO hotspots by Planning Officers 3.1 Planning Officers visually surveyed 54 roads mainly within Park, Katesgrove and Redlands Wards plus a couple of roads in Abbey Ward. The roads surveyed are illustrated on Map 4 below. For clarity the roads surveyed and wards they fall within are also listed below in Figure A Visual Survey of HMO Impact survey form was completed for each street surveyed. The blank survey form is shown below at Figure Results from the visual survey were then tabulised into a table of responses. A complete log of all visual survey information is available on the Council s website. 3.4 Officers visited the area again during the vacation period to better understand any changes that occur during this time. Formal survey forms were not completed at this time. 3.5 The findings of the main survey during term time are reported below. A paragraph reporting on the vacation period is also included. 3.6 A Photomontage capturing a selection of the findings from the visual survey is included at the end of this section at Figure The primary limitation of the visual survey is that it is a recording of a street at one point in time. Additionally, many parts of the visual survey are subjective in nature. Contributing to the subjectivity is the fact that four different officers carried out the visual survey. Whilst every effort was made to ensure consistency between the various officers, it is almost inevitable that there could have been slight differences in interpretation. 6

18 Figure 1 7

19 Map 4 Roads highlighted illustrate those that were surveyed 8

20 Figure 2 9

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23 3.8 The vast majority of the housing surveyed as part of the visual survey carried out by officers was Victorian terraces as illustrated in Graph 1 below. Character of housing surveyed 60 Percentage of housing type Victorian Terraced Other terraced Semis Detached Mixture Other Type of housing Graph From the results of the survey, it is estimated that over two thirds of the parking is on-street. A sub-section of Q2 related to the removal of boundary treatment. Two fifths of the streets had a proportion of their boundary treatment which had been removed. Of these, it was estimated that an average of around 25% of the boundary treatment had been removed In the majority of roads, there was not a high percentage of houses with more than one red, black or green bin. The exceptions to this were Addington Road (East of Alexandra Road), Alexandra Road, Basingstoke Road (from Elgar Road South) and Norris Road which were estimated to have between 25% (Norris Road) and 60% (Addington Road (East of Alexandra Road) with more than one red, black or green bin. There appeared no correlation between the number of bins and whether there was a designated area for the storage of the bins With regards to noise, the survey identified little noise in most streets. Where there was any noise, the predominant source was from traffic with some shouting being heard in three roads and music being heard in two Graph 2 below illustrates that whilst there is a significant number of gardens that are paved all over, by a margin, the predominant front garden treatment is a combination of paving and landscaping. 12

24 Type of Front Garden Treatment Percentage of properties Paved all over Predominantly paved Paving& soft landscaping Paving/ landscaping treatment Predominantly soft landscaping Graph Graph 3 below illustrates that there was very little litter visible during the time of the survey. A few properties had a large amount of litter/ furniture waiting to be disposed of and this could, however, have a big impact on the surroundings. Tidiness measured in terms of visible litter 100 Percentage of properties No litter Some litter Lots of litter Amount of litter Graph Officers sought to assess the state of repair of the frontage of the properties. Almost 75% of properties were considered to be either well maintained or moderately well maintained, giving the areas an overall feeling of being fairly well looked after, see Graph 4 below. Elgar Road South and Rowley Road were the exceptions to this having predominantly, what officers considered to be, poorly maintained property frontages. 13

25 State of repair of frontage of property Percentage of properties Well maintained Moderately well maintained Moderately maintained Poorly maintained Officer assessment of state of repair Graph Eight roads out of the 54 surveyed appeared to have any houses with multiple doorbells. It should be noted however, that multiple doorbells are typically a sign of a larger HMO (classed as being sui generis) and may not affect a decision regarding an Article 4 Direction, given that generally larger HMO properties already require planning permission To-let signs were seen on around two thirds of streets surveyed. With the exception of two roads, the number of boards on individual streets was relatively few (less than 10). Addington Road (East of Alexandra Road) and Pitcroft Avenue had approximately 15 and 14 signs respectively at the time of the survey One skip was seen on eleven of the streets surveyed and two skips were seen on Green Road. There were no skips seen on all other roads When the area was re-visited during the vacation period, there was a distinctly different feel. The areas were generally quieter with less on street parking. However, there were a noticeable number of skips, particularly in Redlands Ward, and builders in the process of carrying out work. There was evidence supporting the fact that vacations can bring different problems to term times. Summary 3.19 In summary, as set out in the main report, the visual street survey identified various visual impacts arising from concentrations of HMOs. The main impacts are the proliferation of tolet boards evident in some streets, frontages of properties being less well maintained with litter and untidiness at the front, a proliferation of refuse bins and parking issues. It should be noted however, that parking issues in particular could well be symptomatic of the nature of the narrow terraced streets rather than the fact that there are high concentrations of small HMOs. 14

26 Figure 3 Location of photographs reading from top left: Top row - 1. Grange Avenue (Park Ward), 2. Glebe Road (Katesgrove Ward), 3. Blenheim Road (Redlands Ward), 4. Alexandra Road (Redlands Ward) Middle row 1. Wykeham Road (Park Ward), 2. De Beauvoir Road (Redlands Ward), 3. Hagley Road (Katesgrove Ward), 4. Hatherley Road (Redlands Ward) Bottom row 1. Basingstoke Road (Katesgrove Ward), 2. Rowley Road (Katesgrove Ward), 3. Clent Road (Katesgrove Ward), 4. Talford Avenue (Park Ward). 15

27 4.0 Community Engagement. 4.1 During October 2012, community engagement was undertaken. Letters and s were sent to various contacts and via Councillors and Neighbourhood Action Groups. Questionnaires were devised and circulated. Three exhibitions were held, one in each ward to discuss local residents experiences of the impact of concentrations of HMOs in the target wards. Questionnaire for residents/ other stakeholders. 4.2 Questionnaires were made available at the public exhibitions and on the Council s website. A copy of a blank questionnaire is included below at Figure 4. The introductory paragraph of the questionnaire, explains that the answers to the questions will contribute to gathering evidence to help inform the justification for any decision on making an Article 4 Direction. 4.3 Figure 5 sets out the findings from the questionnaire in a tabulised log. These findings are then summarised at the end of this section. 16

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30 Figure 5 Houses in Multiple Occupation (HMO) Questionnaire 1. What do you think changes when a house becomes occupied as an HMO? Amenity Mess and inconvenience/ structural damage from conversions. 3 Parking issues/ more traffic 31 Additional noise 34 More waste/ lack of responsibility for refuse collection. 45 HMO properties and gardens are poorly maintained 78 Loss of front/ rear gardens e.g. for parking is undesirable, e.g. ecologically. 13 Estate agents letting signs not removed from front houses 3 Overcrowding occurs 4 Cumulative effect of HMOs creates adverse effect on the area 15 More likely to be burgled. 3 Devalues property 2 Unregulated activity because no enforcement. 1 Sewage/ drainage issues. 3 Community Extensions make property less suitable for family accommodation; difficulty 8 converting back. Drives prices up beyond those which average family could afford 1 Whole house let at a reduced rate. 1 Families move out exacerbating the problem 3 Short term occupants without involvement with the area/ lack of community 63 Quality of life typically deteriorates in the area around it. 5 Anti-social behaviour increases/ behaviour deteriorates 6 The family unit ceases 2 Increases the density of population 2 Pressure on amenities 1 Accommodation used as temporary second home 1 Likely to have different living patterns and habits from neighbours 3 Demoralising for those who live here in long term and care about the area. 1 Amount of council tax paid in area diminishes as neither students or landlords 1 pay. Increase in shared houses 1 Removal of historical features on buildings, e.g. metal fencing, windows etc 1 More income for local businesses 1 Occupants tend to be poor neighbours. 1 Landlords likely to be absent What happens to an area when there are a lot of HMOs? Crime/ security More crime 28 Loss of Neighbourhood Watch to deter burglaries 1 Poor security 6 Amenity/ other Parking and access/ traffic issues

31 Increased litter/ overflowing bins 24 Anti-social behaviour 40 HMOs often have poorly constructed dormers/ other extensions. 3 Overload on infrastructure 11 More noise 34 Poorly maintained front gardens and property downward spiral for area 22 Declining house values 5 More pedestrian activity 1 Becomes an undesirable place to live 4 Heritage of family terraces with gardens lost 1 Appearance and character of the area suffers socially and environmentally 20 Overlooking from extensions and dormers and loss of privacy. 2 Rental rate/ house price rate goes up, families cannot compete. 1 Large number of estate agents boards, many over 14 day permitted period 5 Pollution and environmental issues 1 Community Affects services, transport, health education 1 Long term residents move away exacerbating downward spiral. - Once tipping 19 point is reached, it is difficult to reverse the situation. The demographic of the area changes adversely/ lack of diversity 18 Loss of amenities 8 Loss of community due to transitory tenants 30 Loss of family housing, may become unsuitable for return to family homes 9 Social structure changes affecting shops, schools and other amenities. 24 Increase in the number of people per property. 2 Less pride in the area. 2 Loss of original shops to more takeaways, groceries and student biscuit and 4 booze Sociopathic effect, leading to more vacant properties, more HMOs and 1 deterioration of area for those unable to move to a better area. Loss of sustainability, stress rises. 6 On-street drinking (in defiance of East Reading ban) 3 Success of area may lead to bringing in tenants at any price resulting in an area 3 losing its appeal. If students (groups of tenants for whom HMOs designed) leave, area could 5 rapidly turn into a slum, with dozens of HMOs no longer suitable to return to family accommodation. Long term residents move out and the area deteriorates and cannot be changed back. Area starts to attract undesirables. 1 No houses available for first-time buyers 1 Long periods when properties are unoccupied and area resembles a ghost town. 1 This has good points but creates a problem for businesses. More young professionals and young people in area which puts lots of money 1 into local shops and food shops. Irreparable damage to housing stock 1 People afraid to let children play outside 1 Balanced Communities and Studentification: problems and solutions. National HMO Lobby What impacts do you experience living in an area with a high concentration of HMOs? Are there any good points? Noise 43 Anti-social behaviour including vandalism/ crime 30 Burglary/ as security lax in HMOs 10 20

32 Lack of parking and traffic issues. 57 Lowering in standards of services provided by the Council due to fact houses 3 occupied by students do not pay Council Tax. Impact on infrastructure inc drains/ sewage 5 Breakdown of community and lack of interest by student tenants in the local 36 community. Loss of families and children in the area, replaced by transient tenants. Litter/ rubbish increases including rats and smell 31 Unsightly additions/ conversions/ alterations 5 Decreased privacy with overlooking windows 1 Too many estate agent signs detract from visual appearance 4 Devalues other properties in the area/ affects house prices 2 HMO properties are not maintained and area becomes visually run down. 9 Quality of life affected, may increase stress, particular at start of academic 5 year. Properties standing empty for long periods 1 Gardens disappear for parking. 1 Impact on services e.g. doctor s surgery busier and fastfood outlets multiply. 2 University and Local Authority find HMOs a convenient way of not having to 1 provide new accommodation for students and the homeless. Potential for double standards. 1 Distortion of housing stock 3 No good points, all points are bad ones living in this area and it gets worse each 4 year. Children cannot play in own garden without hungover person making unpleasant 1 comments Health and safety risk 1 Less neighbours 1 GOOD POINTS Only for owners of an HMO/ Landlords making lots of money. 7 Only for traders/ takeaway establishments 5 Enjoy the company of students they are intelligent, fair-minded and generally 2 open to reason. Not all types of tenant are of this persuasion. Most student tenancy agreements are for a 6-month term, so any serious 1 nuisance will generally resolve after 6 months. In other areas, high concentrations of HMOs can lead to major issues of 1 prostitution and hard drugs. There are a few good apples in HMOs who try to communicate with immediate 1 neighbours Area feels safer in evening with more people about 2 Good local facilities, because of the student population, e.g. Co-op, fish and 1 chips, off licence, recycling points, bus stops Pleasant to live in a mixed area with bustling environment 2 You could always join in and make your house the same! 1 Very lively. 1 Small number of HMOs liven up the street. Most occupants will be well 1 behaved and may even take responsibility for managing gardens, waste etc. Deter burglars as some residents around during day 1 4. Are there different experiences in your area during University term/vacation periods? YES 21

33 Less noise and disturbance during University vacations. 67 People play football in the small gardens in Donnington Road. 1 Community is more relaxed during vacation and quality of life improves 5 Builders and rubbish skips arrive during vacations, bringing their own problems 21 including evening and weekend working, obstructions on pavements, dust and mess. Fewer problems in vacations. 5 Less litter and vermin during vacation/ fly tipping decreases. 26 More parking places during vacation. 51 Less traffic 9 Fewer people including youngsters about during vacation. 5 Abandoned rubbish, e.g. old furniture, household goods, bottles etc left in 4 gardens increases at the start of holiday period. Less crime/ vandalism in vacation, including burglary. 8 No anti-social behaviour including urinating in streets, vomiting and 11 drunkenness, fireworks going off. Fewer dustbins on pavement 2 Holidays are a welcome relief 1 NO Problems of poor HMO maintenance and parking never go away. 1 No lettings are made to, generally, foreign visitors 2 Students are not the only people in HMOs 1 Some landlords let again over summer. 1 No difference noticed. Most residents of HMOs do not seem to be students. 2 End of term furniture often persisting throughout vacation 1 Parking still an issue 1 OTHER Students inevitable lack of local commitment only extreme form of lack of commitment associated with HMOs more generally Trend on decline as a lot of them do not go during vacation periods and between terms will often move into HMOs for short term lets between university terms when they will move into their correct houses The Council can now make a direction that would mean owners will have to make a planning application to change a house to a HMO (which would generally apply for 3-6 occupants). Do you think this would be a good thing? Yes/ No? (Please circle one or both). YES NO a. If yes please explain why. The concentration of HMOs gone well beyond tipping point and could increase 45 further without planning control. Local residents deserve an opportunity to comment. 28 More control over the loss of family homes into HMOs and maintaining the 8 residential feel of the area. 22

34 Large and inappropriate extensions impacting negatively on residents will be more carefully regulated. 4 HMOs should be managed better enabling the Council to keep track of 6 landlords. Restriction on occupancy/ bedroom numbers 8 Should be percentage limit on the concentration of HMOs in a street. 20 Maintain balanced community 35 Ease the pressure and help deal with issues related to noise & litter. 13 Owners and landlords will have to pay more attention to the standard or 12 upkeep and appearance of property. Deal with parking issues 15 HMOs lowers the standard of the area which affects house prices. 1 To preserve Reading s heritage 1 Local communities and local shops should be protected 1 To ensure proper management of bins. 1 All properties should be licensed in a manner similar to trade premises and 1 action taken to curb noise and other abuse. Conditions of occupancy could be imposed 1 Will ensure Building Control requirements e.g. relating to safety and insulation 7 upgrades could become mandatory Decreases amenity 3 Decreases sustainability 3 Increase costs to local government (apart from loss of council tax associated 3 with student second home accommodation). Housing stock and availability of housing for young families are put at risk. 3 It will send a message that the authority is taking the issue of HMO s seriously. 1 Too many HMO s are ruining once attractive parts of Reading and areas are 2 poorly maintained To prevent overcrowding in the neighbourhood and in a property and 1 overdevelopment. Enables control over the balance of uses in an area. 1 Area getting devalued 1 Remove ambiguity from retrospective planning applications` 1 Other comments not specifically answering question Virtually no enforcement going on. 1 Wouldn t matter if didn t get planning permission, would still operate and wait 1 for non-existent enforcement officer to find them as an individual. No good in high density areas, responding after the event to a particular 1 request. Knowledge that Landlords can apply retrospectively if need to. 1 Should apply to both large and small HMOs 1 Council should deal with problems of waste and ASB on a case by case basis and 1 not punish the wider innocent majority by restricting their housing. 5b. If no please explain why. 3 occupants is too little. 4+ might be more sensible. But definitely should be 1 regulated. Result in a housing shortage. People can t afford to live in their own homes 1 due to financial crisis. Aware of needs for student accommodation in private sector 1 23

35 5. Where would university students be housed in the future if there are restrictions on the number of houses that can be used as HMOs in this area? This is the responsibility of the University/ University is a land owner and 17 should provide adequate accommodation for students The University should not be allowed to ruin nearby areas for the residents 5 thereof. The University should be required to inspect HMOs which are offered for 1 student use. The University should redevelop the Wells Hall site for student residences not 1 persist in leaving it empty. The University authorities should not have expanded its student base in 4 advance of providing sufficient accommodation of its own. It is not for residents to answer this. 8 Elsewhere/ other areas in and around the town centre there are plenty of 2 buses to and from campus and those students wanting to party would be closer to amenities Purpose built buildings e.g. halls of residence. 34 Disperse/ spread them all over Reading, don t concentrate them in particular 8 areas. They could be supported by new bus services if necessary. Students are not the only ones who live in HMOs. 2 The tuition fees increase scheduled for 2012 together with visa limitations for 1 overseas students is likely in the longer term to lead to a decline in student numbers, as probably fewer students will apply to UK universities. Given tuition fee increases, of those students who do apply to UK universities, 3 more will live at home and attend their local university. Consequently, the number of students is likely to stabilise or even decline in the Redlands area. A decline could raise major issues in the future, i.e. destudentification * resulting in loss of demand for student housing and further blight of the area. This may lead to an increase in squatting (already to some extent a problem in Redlands) and HMOs let to less desirable tenant than students, with consequent decline in property values and further deteriorate of the area/ may be a decrease in overall student numbers/ With University fees rising the need for housing cannot increase that much! Should be major shift in thinking so that more students should live in their 2 family homes and not go miles away into student accommodation. No need for existing HMOs if universities are increasing fees, student volumes 1 will fall? The existing number of houses that are HMOs would not be affected so there 4 should still be plenty of housing available for students and anyone else who uses HMOs. Students are not a problem to me, it is trying to pack six in a small house for 1 greater revenue that is. If universities are to charge full economic fees, then they should provide 1 reasonable accommodation. It is the Council and local taxpayers prerogative to maintain a well-ordered 1 clean environment. Is it not surely Council s concerns to contain likely outcome of negating effects on Street Care duties and the like? The University must not be allowed to maintain a clean campus at a price of Council providing increased services to clean after students mess. In other areas of town 2 Residents cannot comment here very easily, but any reduction in HMOs may 1 allow for some family life in these areas. In properties already rented to students in the surrounding area 1 There is a plentiful supply of rental accommodation 1 16,000 students living in streets in one previously nice areas is just too many 1 In accommodation in an area which has less impact on local residents and which 1 24